Pradeep Ray @ Pathal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24039 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Pradeep Ray @ Pathal Ray, Son of Late Sukul Ray, Resident of Village - Mathna Milk, P.S.- Goraul (Katahara, O.P.), District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Goraul P.S. Case No. 51 of 2018, disclosing offences under Sections 147, 148, 149, 323, 324, 225, 353, 504 of IPC, Section 30(a) of the Bihar Prohibition and Excise Act and Section 3, 4 of the Prevention of Damage to Public Property Act, 1984.

Prosecution story as per written report is that police apprehended three persons and recovered 1.25 liters of country made liquor along with motorcycle. However, the petitioner along with other persons came there with lathi & danda and forcibly escaped the arrested persons and motorcycle and they have also damaged the police vehicle and thereafter, fleeing away after assaulting the police party.

Submission of the learned counsel for the petitioner is that there is no allegation of recovery of liquor from the

Patna High Court CR. MISC. No.24039 of 2019(3) dt.03-07-2019 2/2 possession of the petitioner, rather there is general allegation against him. He has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-II-cum- Special Judge, Vaishali at Hajipur, in connection with Goraul P.S. Case No. 51 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T